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Defendant shall be punished by imprisonment for not less than two years and six months.
13,000,000 won shall be additionally collected from the defendant.
Reasons
Punishment of the crime
The Defendant, in March 2009 and February 201, 2011, worked for the department related to overseas projects and civil engineering projects after becoming a general partner of the Victim E Co., Ltd. (hereinafter “victim Co., Ltd.”) in 1988, and worked for the department related to overseas projects and civil engineering projects, and managed and supervised the selection of subcontractors and the execution of funds related to construction projects from March 201 to March 201, to March 201.
1. From August 2009 to June 2013, the Defendant appropriated USD 3,850,000,000 (US; hereinafter the same shall apply) owned by the victim company G project site offices of the victim company of the victim company of Vietnam, in excess of the construction price, to J, the subcontractor of the G project, and raised funds by receiving return of the construction price paid by J as above, as described in Table 1 of the Crimes List 1.
2. Around July 2012, the Defendant received USD 300,000 ($ 315,000,000) from an executive or employee belonging to “L” subcontractor, a subcontractor, from the victim’s “K project (hereinafter “K project,” collectively with the said G project), and around February 2013, the Defendant received USD 200,00 ($ 21,000,000), and around August 2013, received USD 100,00 ($ 15,00,000) in total, from the victim’s company as non-funds, and around April 2013, 2013, returned USD 60,000 ($ 3,000,000) owned by the victim company, by appropriating the construction cost in excess of “L”.
3. Accordingly, the Defendant embezzled USD 4,450,00 ( approximately KRW 4,430,000) owned by the victim company from August 2, 2009 to June 2013 by means of raising funds for non-financing.
"2015 Gohap371"
1. The Defendant is in breach of trust, following the end of July 2009.